Intuitive Surgical Sues Johnson & Johnson’s Ethicon for ‘Legal Gymnastics’ Over Sales Rep’s Non-Compete

Johnson & Johnson subsidiary Ethicon is using “intricate legal gymnastics” to sidestep California’s restrictions on non-compete agreements, aiming to prevent its employees from hiring on with Intuitive Surgical, the robot-assisted surgery company alleged last week in a lawsuit.

The Golden State’s “labor mobility” statutes mean that non-compete agreements are void. Ethicon sought to get around that by filing a lawsuit in an Ohio state court, seeking an injunction to prevent Intuitive from hiring 1 of its sales reps, Scott Szesterniak – even though Szesterniak lives and works solely in California, according to the lawsuit.

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